Canadian with U.S. boyfriend

Hey there. I am in a very similar situation. My fiance and I met while he was in Canada on tour. I moved down to the US to be with him. He is not American but he has a professional work visa. I have been here since december '07. I have been back and forth to Canada a few times but now they are getting pissed and suspicious of my travels. Whatever you do don't tell them how long you are actually staying in the U.S for. And don't tell them you are staying with your BF.Big no no. They will tell you to go home. I have been flagged because of my long travels to the U.S. I have made an appt with the U.S consulate to see what my options are. I do not have high hopes though. You need to get your divorces worked out because you will need to apply for a visitors visa as a "fiancee" the paperwork takes six to eight weeks to come through. During those weeks you have to stay in Canada for some reason. If you are still in Canada, go to the U.S embassy and talk to them or go to the u.s and make an appt with the consulate to see what you can do. I wish you the best of luck. I will post what the consulate says about my situation

The fiancee visa is not a "visitors visa", it is a visa intended for fiancees of US citizens to be able to enter the US to get married, and adjust status to permanent resident. And it takes far longer than 6 to 8 weeks to process. More like 6 to 8 months.

If your boyfriend is not a US citizen, the fiancee visa is not an option for you unfortunately.

I have been back and forth to Canada a few times but now they are getting pissed and suspicious of my travels. Whatever you do don't tell them how long you are actually staying in the U.S for. And don't tell them you are staying with your BF.Big no no.

It's entirely lawful to stay with your boyfriend for as long as you want as long as he is in status, "co-habiting" partners can stay forever in B-2 status with a valid visa holder, they just can't work.

Read this: http://travel.state.gov/visa/laws/teleg ... _1414.html

If you get married you qualify for a derivative visa, e.g. if he has H-1B you qualify for H-4, if he's on L-1 you qualify for L-2, if he's on TN-1 you qualify for TD, if he's on E-1 or E-2, you qualify for E spouse.

The big snag with all of them except L-2 and E spouse is that you can't work.

Your real problem from the sounds of it is that you are misleading USCIS, so just be truthful with them.

B-2 and L-2 don't require a consular visit. L-2 requires a marriage certificate, you apply at the POE with proof your spouse is in L-1.

Bear in mind that USCIS is currently in the middle of a crackdown on periods of visitation by Canadians so the last thing you want to do is lie about how long you are staying. Apparently since January they now record everything you say to them at the POE about how long you are planning on staying. Also CBP is currently building RFID detectors at all land border crossings so once the WHTI comes fully into force next year and you have an enhanced DL, NEXUS card or one of the new passports, they will know when you leave.

In addition they can always impose an I-94 on you as well, which you have to surrender when you leave.

Thanks everyone for your replies.

Reba, my original message said "if" I was already there. I was still at home when I wrote that.

It's been a crazy couple of weeks trying to get all of this sorted out but right now I have a P2 work visa which I obtained about a month ago. I have to see about extending it.

It's funny about the working in the U.S. thing. At the border and before this current P2 Visa, I said I was self employed. I told them what I did for a living and I told them that I do need to stay in touch with my work every single day whether I'm on vacation, or in fact, wherever I happen to be. I took my work with me to Japan in July for the same reason. So, if they have a problem with self employed types bringing work along, they certainly didn't say so to me. They were most concerned about my living arrangements though. Once I explained I owned my own home, they gave me the all clear to enter.

I didn't lie about my reasons for being here when that happened, so perhaps they are easing up on the internet dating folks. They have asked me several times how long I have known my boyfriend. One even asked me if I had met him yet. lol

Again thanks for your replies. I plan to visit the Canadian embassy while I'm here. I won't overstay if I'm not allowed but it's good to know just how long I have to try to sort these things out.

I didn't lie about my reasons for being here when that happened, so perhaps they are easing up on the internet dating folks. They have asked me several times how long I have known my boyfriend. One even asked me if I had met him yet. lol

I had that happen to me too, this USCIS officer was absolutely convinced I was entering to visit a girl I'd met on the internet and all I was doing was going to the shops, basically. She even pointedly said to me that she wouldn't deny my entry on that basis, so I couldn't even see the point of asking.